G.R. No. 239313 - Calingasan vs. People

Petitioner, Ching Huat, filed a petition for the issuance of a writ of habeas corpus to recover custody of Maria Ching alias Avelina Ching, a minor allegedly aged 15 years and his legitimate daughter.
Respondent, Co Heong (also known as Co Hong or Co Yong), is the person from whom custody was sought to be recovered.

Prior to June 21, 1946, Maria Ching lived with and under the custody of petitioner.
Respondent, who was the godfather of Maria Ching, allegedly persuaded and induced her by trick, promises, and cajolery to leave her parental home and elope with him on the night of June 21, 1946.
The couple was married on June 22, 1946, before the Justice of the Peace of Plaridel, Bulacan.
Ever since, respondent has had custody of Maria Ching in Malolos, Bulacan, and restrained her liberty.

Petitioner alleged that respondent had a prior marriage in China to Gue Min, which was subsisting at the time of respondent's marriage to Maria Ching.
It was claimed that Gue Min was neither declared absentee nor presumed dead by respondent.

Respondent admitted the marriage to Maria Ching on June 21, 1946, and attached a certificate from the Local Civil Registrar of Plaridel attesting to such marriage.
He alleged that all essential requisites for a valid marriage under Philippine law were complied with.

The validity of the marriage between respondent and Maria Ching was undisputed.
Petitioner’s claim to custody was challenged on the ground that marriage emancipated Maria Ching, thereby resulting in the loss of parental authority by petitioner.
The alleged prior Chinese marriage of respondent was not proven by any competent evidence as required under Philippine law (Act No. 3613, Sec. 19).
The Philippine Marriage Law requires proof of foreign marriage laws and existence of the prior marriage to declare any subsequent marriage invalid.

Both parties were of legal marriageable age at the time of the marriage under Act No. 3613, Section 2.
Maria Ching’s marriage on June 21, 1946, constitutes emancipation under Civil Code Articles 314(1) and 315.
Emancipation by marriage results in the loss of parental authority.
Under Spanish Marriage Law of 1870 (still partly in force), a wife is bound to live with her husband and follow his residence.

Whether the petitioner retains the right to the custody of Maria Ching, his alleged minor daughter, following her marriage to respondent.
Whether the marriage between respondent and Maria Ching is valid considering the alleged prior marriage of respondent in China.
Whether the alleged prior marriage of respondent in China affects the validity of the subsequent Philippine marriage.
The legal effect of Maria Ching’s marriage on the parental authority claimed by petitioner.